Ethics Code Violations

Ethics Code Violations

The public can lay a complaint against a Member of Parliament (MP) for misconduct or breaches of the Code of Ethical Conduct and Disclosure of Members' Interests.

What is an Ethics Code violation?

An ethics code violation by an MP is any conduct that undermines the public trust in their role as public representatives.

This can include accepting gifts or benefits which create a conflict of interest and also includes:

1.Using their position to improperly advantage personal interests;

2.Failing to disclose financial interests;

3.Engaging in discriminatory behaviour or using derogatory language on social media;

4.Improperly influencing legislation based on personal gain.

View the Code for a full list of violations

Why is reporting Ethics Code violations important?

1.Transparency and Accountability: Reporting violations helps expose unethical conduct and forces MPs to be transparent, which is vital for a functioning democracy.

2.Public Interest and maintaining public confidence: MPs are entrusted with decision-making for the entire population, and must prioritise public interest over personal gain. When citizens feel they can report unethical behaviour, it strengthens their trust in government and the democratic process.

3.Deterrence: Knowing that violations can be reported can deter MPs from engaging in unethical conduct.

What are the consequences?

If the complaint is upheld, the MP may face a sanction imposed by the Joint Ethics Committee, such as:

• A reprimand

• The MP must issue an Apology

• A Fine

• Salary Reduction

• Suspension

• Any other sanction that the Committee may deem appropriate

(View the Code on the types of penalties that may be imposed)

The MP's party may take disciplinary actions such as suspension or expulsion from the party and removal from parliamentary committees. The complaint and investigation may also attract media attention, damaging the MP's reputation.

View examples of complaints made against MPs and the subsequent reports:

Report - Minister of Sport Arts and Culture

Report - Former Minister of Transport

Procedure for Complaints

• Complaints must be submitted to the Joint Committee on Ethics and Members' Interests. The main function of the Committee is to promote and oversee the implementation of the parliamentary code of conduct, including by publishing the annual Register of Members' Interests and conducting disciplinary hearings to investigate allegations of misconduct by MPs.

• The complaint must be in the form of a sworn affidavit, which can be done at your nearest SAPS, or an affirmation, which can be done in the presence of a Commissioner of Oaths (A Lawyer, notary public or designated official at a government office), stating the facts on which the complaint is based. All the relevant annexures/evidence must be attached to the sworn affidavit or affirmation.

• The complaint must be sent through the post or via email.

• The complaint must provide a clear explanation detailing how you think the Member has breached one of the rules of the Code of Conduct or rules relating to upholding the Code.

• Any evidence available to support your allegation must be included in correspondence. It is not sufficient to make an allegation and expect the Investigator to look for supporting evidence.

• Anonymous complaints would not ordinarily be considered, but a Committee may investigate the facts arising out of any anonymous complaints where there is prima facie evidence of non-compliance by an MP.

Contact Details (to submit complaints and make enquiries):

Ms Laetitia Arendse (Executive Secretary: Joint Committee on Ethics and Members' Interests) Email: [email protected]

Ms Junilla Du Pokoy (Executive Secretary: Joint Committee on Ethics and Members' Interests) Email: [email protected]